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Monday, April 4, 2016

What is a Living Will, and Why You Should Inquire about One Today

Modern advancements in medicine have made it possible for us to
live longer than ever before. While these advancements have
substantially extended our lives, such an extension may not be desirable
because it may lower our quality of life and result in a loss of our
dignity. Since all competent adults have the right to make their own
medical decisions, you may want to tell your doctor now not to take
heroic or extraordinary means to prolong your life in the future if you
become ill and there is no hope for your eventual recovery. You can do
this by preparing a living will.

"What is a living will?"

A
living will is a legal document in which you direct your doctor to
withhold or withdraw life-sustaining treatment, whose only purpose is to
prolong your dying process, if you are in a terminal condition or a
state of permanent unconsciousness.

"Who can prepare a living will?"

You
can prepare a living will if you are of sound mind and are at least 18
years of age, or have graduated from high school, or are married. You
must sign your living will in the presence of two witnesses who are both
at least 18 years of age.

"What medical treatment can I refuse in my living will?"

You
can refuse all medical treatment including but not limited to cardiac
resuscitation, artificial feeding, blood, kidney dialysis, antibiotics,
surgery, diagnostic tests, and mechanical respiration. You can,
however, direct your doctor to administer only treatment that will keep
you comfortable and alleviate your pain.

Also in your living will,
you can designate another individual, known as your surrogate, to make
medical decisions for you if you are unable to do so yourself.

"When does my living will become operative?"

Your
living will becomes operative when you or another individual provides a
copy of it to your doctor, and your doctor determines you to be
incompetent and in a terminal condition or state of permanent
unconsciousness. At that time, your doctor has to act in accordance
with the instructions outlined in your living will. If your doctor
cannot in good conscience follow the instructions in your living will,
your doctor must inform you or your surrogate of this fact. At that
time, your doctor is required to assist you in finding another doctor
who will comply with the instructions in your living will.

"Can I revoke my living will?"

Yes.
You may revoke your living will at any time and in any way without
regard to your mental or physical condition. Revocation is effective at
the time it is communicated to your doctor by you or by a witness to
the revocation.

"If I do not have a living will, will my doctor continue to order treatment to prolong my dying process?"

Not
necessarily. Your failure to prepare a living will will not raise any
presumption as to your intent to consent to or refuse life-sustaining
medical treatment. In fact, in one Pennsylvania case, the court
permitted a close relative with the consent of two physicians to remove
life-sustaining treatment from the patient who had no living will and
was in a persistent vegetative state.

"Can my doctor refuse to treat me if I do not have a living will?"

No.
Your doctor cannot require you to have a living will as a condition to
provide treatment to you. Also, your doctor cannot charge you a
different fee for providing treatment to you if you do not have a living
will.

"If I have a living will and am involved in a serious accident, will emergency medical personnel refuse to treat me?"

No.
Emergency medical personnel will provide any and all treatment
necessary to save your life. Your living will does not apply until it
becomes operative, i.e., your doctor determines you to be incompetent
and in a terminal condition or in a state of permanent unconsciousness.

In
summary, a living will lets you decide now what medical treatment you
want in the future if you become incompetent and are in a terminal
condition or a state of permanent unconsciousness. It helps to
eliminate uncertainty regarding your desire for specific medical
treatment, and provides guidance to your doctors and family members.
Failure to prepare a living will may cause increased stress on your
loved ones who are left to decide the proper medical treatment for you.